Seminar Essay Question
“In the present law of non-fatal offences against the person the question of consent lacks coherence and any kind of principled basis.”
Consent, as a defence against the victim, does not stand as a valid principled basis under the present law of non-fatal offences.
I argue in this essay that a defendant may not validly claim that the victim has consented to violence coming from him under the present law of non-fatal offences. In supporting my argument, I will emphasize, through my statement of the problem, the rationale of actus reus and mens rea, both being criminal transgression elements, Continue reading...